Delhi Riots: Court directs investigation into policemen allegedly coercing men to sing the national anthem

A Delhi court has ordered an investigation into an incident linked to the 2020 Delhi riots, in which police officers were allegedly filmed beating men from the minority community and forcing them to sing the national anthem.

Magistrate Udbhav Kumar Jain of Karkardooma Court directed the registration of a First Information Report (FIR) against Tomar, the Station House Officer (SHO) of Jyoti Nagar police station, under Sections 295-A, 323, 342, and 506 of the Indian Penal Code (IPC), for events that occurred during the riots in February-March 2020.

The order followed a complaint by Mohd Waseem. According to Waseem, on February 24, 2020, he went in search of his mother amid the riots when he allegedly witnessed Bharatiya Janata Party (BJP) leader and former MLA Kapil Mishra leading an unlawful assembly and shooting at protestors.

Waseem claimed that police used tear gas shells to disperse the crowd, creating thick smoke. As he attempted to flee the area, he fell and alleged that police officers supported Mishra and others. He further claimed that, under the direction of the SHO, some police officers beat him and other injured people, forcing them to chant slogans such as “Jai Shri Ram” and “Vande Mataram.”

The incident was reportedly captured on video by some of the police personnel present.

Waseem’s lawyer told the court that the SHO allegedly coerced Waseem and his father into signing a document they did not write. The complainant was also instructed by the SHO to give media statements, which he did out of fear.

Waseem later reached out to top police officials and the National Human Rights Commission of India (NHRC) by email, but no action was taken. As a result, he filed a petition in court under Section 156(3) of the Criminal Procedure Code, seeking an investigation.

The court observed that the police officers involved were engaged in hate crimes and noted that their actions could not be protected under the guise of official duties. It ordered that a responsible officer, not below the rank of Inspector, should investigate the case and examine the role of other unknown officers involved in the alleged offenses.

The court criticized the Action Taken Report (ATR), which only denied Waseem’s claims without providing evidence of a thorough inquiry. It also pointed out that the ATR failed to address the crucial CCTV footage of the incident, which the investigating officer (IO) should have examined.

The court further noted that the IO appeared more focused on protecting the police officers, failing to investigate the involvement of former MLA Mishra or attempting to cover up allegations against him. The court then instructed Waseem to approach an MP/MLA court for the registration of a case against Mishra.

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